ILNews

Court rules on med mal statute of limitations

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The Indiana Court of Appeals today reversed and remanded to Lake Circuit Court a medical malpractice case, holding that it is unconstitutional to apply the state statute's "occurrence-based" nature to the man suing a surgeon.

In Victor Herron v. Anthony A. Anigbo, M.D. http://www.in.gov/judiciary/opinions/pdf/05230712jsk.pdf , No. 45A03-0608-CV-378, the three-judge panel ruled the trial court erred in concluding that Herron's discovery date allowed for sufficient knowledge to discover the malpractice.

The suit stems from Herron's fall outside his home and his admittance to a Merrillville hospital in March 2002. He underwent surgical procedures by Dr. Anigbo and was discharged three weeks later to another facility, though he continued on a ventilator for nine months. In June 2003, Herron went to another doctor to determine if he was fit to be released to a rehabilitation facility; the doctor determined he wasn't. Another doctor advised Herron in November 2003 that Dr. Anigbo's negligent follow-up care had caused the deterioration.

The trial court determined the discovery date was in June of 2003 rather than November.

In determining if Herron had sufficient opportunity to bring his claim before the March 2004 statute of limitations expiration, the court wrote, "We conclude that he did not. It was not until the two-year anniversary of the injury that (another doctor) reported Herron was recovering well and that no new problems had manifested."
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

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